REVISION OF COPYRIGHT LAWS

DEFINITIONS

SEC. 65. (a) "United States" means the United States of America and includes the dependencies of the United States;

(b) "Publication" means the publishing, for public sale, of books, newspapers, magazines, periodicals, or pamphlets, and contributions thereto, and of any other writings appearing in any such forms or sheet form, including the works specified in subsection (c), (d), (e), (f), (h), (j), (k), and (n) of section 5; (c) "Date of publication", in the case of a work of which copies are reproduced for sale or distribution means the earliest date when copies of the first authorized edition were placed on sale, sold, or publicly distributed by the owner of the copyright or under his authority;

(d) Works in the "public domain" include (1) works in the public domain at the date this Act goes into effect, (2) works which are not copyrightable, and (3) works of which the term of copyright protection has expired;

(e) "Innocent infringer", as used in this Act, shall be deemed one who shall establish to the satisfaction of the court that he acted in good faith, was unaware of, and had no intent to infringe in respect of the material charged to infringe, and that he used all reasonable and appropriate precautions to prevent and guard against such infringement;

(f) The words "printed" or "printing" include photoengraving, electrotyping, stereotying, photogravure, gravure, lithography, or other processes used in reproductive manufacture in printed form, as well as all forms and methods of typesetting, printing, and binding;

(g) "Printed sheets" and "pamphlets" do not include newspapers, magazines, or other periodicals;

(h) A license or grant of "first serial rights" to a newspaper, magazine, or other periodical shall be deemed to give to the licensee all of the rights herein secured to a licensee of the "right of first publication";

(i) "Author" includes an employer in the case of any work created by an employee within the scope of his employment, and such employer shall be the owner of the copyright in such work in the absence of agreement to the contrary; but this provision shall not apply to works created under special commission where there is no relation of employer and employee, unless the parties agree otherwise;

(j) The "owner" of the right infringed means the author or other owner of the copyright and any assignee or licensee of such right.

REPEAL OF FORMER ACTS

SEC. 66. The Act entitled "An Act to amend and consolidate the Acts respecting copyright" approved on March 4, 1909, and all amendments thereof, are hereby repealed, as well as all laws or parts of laws in conflict with the provisions of this Act except that

(a) Nothing in this Act shall affect causes of action for infringement of copyright heretofore committed and now pending in the courts of the United States or which may hereafter be instituted, but such causes shall be prosecuted to a conclusion in the manner heretofore provided by law; and

(b) Sections 1 (e) and 25 (e) of said Act of March 4, 1909, as amended, relating to the mechanical reproduction of musical works, shall continue in full force and effect in respect of musical works copyrighted prior to July 1, 1936.

EFFECTIVE DATE AND SCOPE OF ACT

SEC. 67. This Act shall go into effect on its passage, and shall be in effect throughout the United States, and in all Territories subject to its jurisdiction and including the Canal Zone, the Virgin Islands, and the Territory of Hawaii.

[H. R. 10632, 74th Cong., 2d sess.]

A BILL To amend the Act entitled "An Act to amend and consolidate the Acts respecting copyright", approved March 4, 1909, as amended, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 1 of the Act entitled "An Act to amend and consolidate the Acts respecting copyright", approved March 4, 1909, as amended, is hereby amended by striking out the first five

words and inserting in lieu thereof the following: “That the author and/or interpreter, and/or performer of any work made the subject of copyright by this Act, or his executors or administrators, or any assignee claiming under a written agreement with him or them, or any of them, the right to copyright such work, or its rendition or performance."

(b) Subsections (b), (c), and (d) of section 1 of such Act are hereby amended to read as follows:

"(b) To translate the copyrighted work into other languages or dialects, or to make any other version thereof, if it be a literary work; to dramatize it; to make from it a motion picture with or without sound or with or without dialog; to convert it into a novel or other nondramatic work, if it be a drama or a motion picture; to arrange or adapt it, if it be a musical or dramaticomusical work; to complete, execute, and finish it, if it be a model or design for a work of art or for a work of architecture: Provided, That copyright in a work of architecture shall extend only to artistic character and design and not to processes or methods of construction;

"(c) To deliver the copyrighted work in public for profit;

"(d) To exhibit the copyrighted work publicly if it be a motion picture, to perform or represent it publicly if it be a drama or a choreographic work or pantomime or, if it be a dramatic or dramatico-musical work or a motion picture and not reproduced in copies for sale, to vend any manuscript or any record (subject as hereinafter provided) whatsoever thereof; to make or to procure the making of any transcription or record thereof, by or from which, in whole or in part, it may in any manner or by any method be exhibited, performed, represented, produced, or reproduced (subject as hereinafter provided); and to exhibit, perform, represent, produce, or reproduce it in any manner or by any method whatsoever;".

(c) Subsection (e) of section 1 of such Act is hereby amended by striking out the last paragraph thereof, by inserting after "(a) hereof," the words "to synchronize it for use in motion pictures," and by striking out the second proviso and by amending the first proviso to read as follows: "Provided, That the provisions of this Act, so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically a musical work shall include only compositions published and copyrighted after July 1, 1909; and such provisions shall not, except as respects the works of nationals of countries which are parties to the Convention for the Protection of Literary and Artistic Works, or works first published therein, include the works of a foreign author or composer unless the foreign country of which such author or composer is a citizen or subject grants, either by treaty, convention, agreement, or law to citizens of the United States similar rights: Provided further, That such rights granted in accordance with the Convention for the Protection of Literary and Artistic Works shall not apply to works which have been lawfully adapted to mechanical instruments before this subsection, as amended, takes effect."

(d) Section 1 of such Act is further amended by adding after subsection (4) the following new subsections:

"(f) To communicate the copyrighted work to the public by radio broadcasting, radio facsimile, wired radio, telephone, television, or other means of transmission; subject to the rights of the interpreter or performer of such work, hereby established.

"(g) That the author of any artistic model or design intended to be applied to or embodied in any manufactured product, except products intended to be applied to or embodied in motors, motor cars, motor-car accessories, and products employed in the design and manufacture of motors, motor cars, and motor-car accessories, may obtain copyright for such model or design under the provisions of the Copyright Act approved March 4, 1909 (U. S. C., title 17), as amended by this Act, and that upon compliance with the requirements of the said Act and of this Act shall thereby secure the rights and remedies of the said Act of 1909, and shall, in addition thereto, after the date on which this Act shall go into effect, secure the exclusive right to apply to or embody in any manufactured product, excluding the products hereinbefore excepted, the said copyrighted model or design: Provided, That when the said author or his legal representative, or assignee, shall have caused the said model or design to be applied to or embodied in a manufactured product which shall have been sold or offered for sale, the author or other owner of the copyrighted model or design shall have the right to exclude others from selling or distributing such manufactured products which embody or contain copies of the said copyrighted model or design, or imitations thereof, or the imitation of any characteristic original feature thereof."

Amend section 1 by adding:

"(h) To perform or have performed for public performance and/or for profit, any rendition or interpretation of a work by any mechanical means, same to include re-recording or recapturing of and by any mechanical production or rendition or interpretation by any process, means, or method. These rights are not intended to interfere or curtail the right of the authors of any composition or work used for such rendition or interpretation, and are created to be in addition to same, and to protect such persons who render or interpret them."

SEC. 2. The last sentence of section 3 of such Act is hereby amended to read as follows: "The copyright upon composite works or periodicals shall give to the author, performer and/or interpreter, or other owner of each part or contribution therein all the rights which he would have if such part or contribution were individually copyrighted in his name, and to the performer and/or interpreter the rights to the rendition, performance, or interpretation thereof."

SEC. 3. Section 4 of such Act is hereby amended to read as follows: "SEC. 4. That the works for which copyright may be secured under this Act shall include all the writings of an author, whatever the mode or form of their expression, and all renditions and interpretations of a performer and/or interpreter of any musical, literary, dramatic work, or other compositions, whatever the mode or form of such renditions, performances, or interpretations."

SEC. 4. (a) Subsections (f) and (g) of section 5 of such Act are hereby amended to read as follows:

"(f) Maps and geographical charts;

"(g) Works of art; models or designs for works of art, and artistic models or designs intended to be applied to or embodied in manufactured products." (b) Subsection (1) of such section, as amended, is hereby amended to read as follows:

"(1) Motion pictures;"

(c) Subsection (m) of such section is hereby amended to read as follows: "(m) Choreographic works and pantomimes, the scenic arrangement or acting form of which is fixed in writing or otherwise;".

(d) There are hereby inserted after subsection (m), as amended, of such section two new subsections as follows:

"(n) Works of architecture, or models or designs for architectural works; "(0) Works prepared expressly for radio broadcasting, or for recording by means of electrical or mechanical transcription, including programs and continuities insofar as they embody original work of authorship:"

SEC. 5. Amend section 5 by adding:

"(n) The interpretations, renditions, readings, and performances of any work, when mechanically reproduced by phonograph record, disks, sound-track tapes, or any and all other substances and means, containing thereon or conveying a reproduction of such interpretations, renditions, readings, and performances.' SEC. 6. Section 6 of such Act is hereby amended by adding thereto the following:

"Except that the renditions and interpretations of any work, whether in the public domain or not, by any interpreter or performer, are included in the provisions of this title."

SEC. 7. Section 7 of such Act is hereby amended to read as follows: "SEC. 7. No copyright shall subsist in any publication of the United States Government, or any reprint, in whole or in part, thereof: Provided, however, That the publication or republication by the Government, either separately or in a public document, of any material in which copyright is subsisting shall not effect any abridgement or annulment of the copyright or authorize any use or appropriation of such copyright material without the consent of the copyright proprietor."

SEC. 8. Section 8 of such Act is hereby amended to read as follows: "SEC. 8. (a) That the copyright secured by this Act shall extend to the work of an author or proprietor or the rendition, performance, or interpretation of a performer or interpreter, who is a citizen or subject of a foreign country not a party to the Convention for the Protection of Literary and Artistic Works, only:

"(1) When such alien author or proprietor, or interpreter or performer, shall be domiciled within the United States at the time of the creation or first publication of his work or interpretation; or

"(2) When the foreign country of which such author or proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law. to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author or interpreter under this Act or by treaty; or when such foreign country is a party to an international agreement which provides for reciprocity in the granting of copyright, by the term of which agreement the United States may, at its pleasure, become a party thereto.

"(b) The existence of the reciprocal conditions aforesaid shall be determined by the President of the United States, by proclamation made from time to time, as the purposes of this Act may require.

"(c) Authors and performers and interpreters, within the jurisdiction of any foreign country that is now or may hereafter be a party to the Convention for the Protection of Literary and Artistic Works, whether their works are unpublished or published for the first time in one of the countries parties to said convention, shall have all the rights now accorded or which may hereafter be accorded by law to nationals of the United States; and the enjoyment and the exercise of such rights shall not be subject to any formality: Provided, That as to copyrights in works not previously copyrighted in the United States no right or remedy given pursuant to this Act shall prejudice lawful acts done or rights in or in connection with copies lawfully made, the making of additional copies, or any other continuance of business undertakings or enterprises lawfully undertaken within the United States prior to the date on which the adherence of the United States to said Convention for the Protection of Literary and Artistic Works becomes effective; and the author or other owner of such copyright or persons claiming under him shall not be entitled to any remedy against any person who has, prior to such date, taken any action in connection with the exploitation, production, reproduction, circulation, or performance (in a manner which at the time was not unlawful) of any such work whereby he has incurred expenditure or liability; nor shall rights in respect of the further use of copies or other forms of reproduction be in any manner impaired."

SEC. 9. Section 9 of such Act is hereby amended to read as follows: "SEC. 9. That the author, performer and/or interpreter, or other persons entitled thereto by this Act may secure copyright for their work by publication thereof with the notice of copyright required by this Act; and such notice shall be affixed to each copy thereof published in the United States by authority of the copyright proprietor; and in the case of renditions and interpretations by radio broadcast seeking ad-interim protection as provided for under section 21 of this title."

SEC. 10. Section 10 of such Act is hereby amended by adding the following: "Registration of composite works or periodicals by the proprietor thereof shall inure also to the benefit of the author or other owner of each independent part or contribution therein to the same extent as though such part or contribution were separately registered."

SEC. 11. Section 11 of such Act is hereby amended to read as follows:

"SEC. 11. That copyright may also be had of the works of an author or the renditions or interpretations of a performer, which copies are not reproduced for sale, by the deposit, with claim of copyright, of one complete copy of such work if it be a lecture or similar production, or a dramatic, musical, or dramatic-musical composition; by a title and description; if it be an intended rendition or performance or interpretation of any work heretofore mentioned; of a title and description with not less than five prints taken from different sections of the film, if the work be a motion-picture photoplay; by a photographic print, if the work be a photograph; by a title and description, with not less than two prints taken from different sections of a complete motion picture, if the work be a motion picture other than a photoplay; or of a photograph or other identifying reproduction thereof, if it be a work of art or a plastic work or drawing. But the privilege of registration of copyright secured hereunder shall not exempt copyright proprietors from the deposit of copies under sections 12 and 13, and 21 of this Act, where the work is later published." SEC. 12. Section 12 of such Act is hereby amended by striking out the words "reproduced in copies for sale" and inserting in lieu thereof the word "published" and by inserting at the end of that sentence: ": Provided, That in the case of an artistic model or design intended to be applied to or embodied in

REVISION OF COPYRIGHT LAWS

any manufactured product, there shall be deposited, promptly after such manufacture has taken place, five copies of photographs or other identifying representations of said manufactured produce together with an application for the registration of a claim of copyright containing a statement of the date upon which the said manufactured product was sold or offered for sale; from which recorded date the term of copyright in the manufactured product shall begin to run and this special protection shall terminate twenty years after said date, and in the case of renditions and interpretations for broadcasting, as provided for under section 21" and by amending the last sentence to read as follows: "With the exception of actions or proceedings for infringement of works entitled to copyright without formality, for ad-interim copyright, no action or proceeding shall be maintained for infringement of copyright in any work until the provisions of this Act with respect to the deposit of copies and registration of such work shall have been complied with."

SEC. 13. Section 15 of such Act, as amended, is hereby amended to read as follows: "That all copies of any copyright material in the English language which shall be distributed in the United States in book, pamphlet, map, or sheet form shall be printed from type set within the limits of the United States, either by hand or by the aid of any kind of typesetting machine, and/or from plates made within the limits of the United States; or, if the text be produced by lithographic, photogravure, or photoengraving, or any kindred process or any other process of reproduction now or hereafter devised, then by a process wholly performed within the limits of the United States; and the printing or Said requirements other reproduction of the text, and the binding of the said book or pamphlet, shall be performed within the limits of the United States. shall extend also to any copyright illustrations, maps, or charts within any book or pamphlet, or in sheet form, and shall further be required of the manufacture of all records, disks, sound tracks, or other mechanical means of the reproduction of renditions and interpretations. Said requirements shall not apply to works in raised characters for the use of the blind."

SEC. 14. Amend section 16 by adding: "In the case of records, disks, sound tracks, or other means of carrying the renditions and interpretations of performances, the affidavit shall set forth the name, place, and time of manufacture, and in the case of those performed by radio broadcasting, the date, hour, and place of such broadcast."

SEC. 15. (a) Section 18 of such Act is hereby amended to read as follows: "SEC. 18. That the notice of copyright required by this Act, as amended, shall consist of (1) the word 'copyright', or the abbreviation 'copr.', or the letter 'C' enclosed within a circle; (2) the name of the copyright owner, or his initials, monogram, mark, or symbol, provided his name appears in reasonable proxIn the case of any work imity thereto; (3) the year when the copyright began. in book form, the notice shall be placed upon the title page, or the page immediately following. In the case of a newspaper, magazine, or periodical, such notice may also be placed in the editorial and publishing statement or table of contents: Provided, That one notice of copyright in each volume or in each number of a newspaper, magazine, or periodical published shall suffice: Provided further, That the notice of copyright in a newspaper, magazine, periodical, or other composite work shall be deemed sufficient to constitute due notice of copyright on behalf of each individual author entitled to copyright in any of the individual parts or contributions therein, notwithstanding any variance between the date in such notice and the date when copyright in any such part or contribution began: Provided further, That in the case of anonymous or pseudonymous works a notice with the name of the publisher shall be sufficient to protect the author or owner of the copyright, and in the case of disks, records, sound tracks, and so forth, carrying reproduction of renditions and interprtations, upon the labels of such disks, records, and sound tracks." (b) Section 19 of such Act is hereby repealed.

SEC. 16. Section 20 of such Act is hereby amended to read as follows: "SEC. 20. That where the author or other owner of a copyright has sought to comply with the provisions of this Act with respect to notice, the omission. by accident or mistake of the prescribed notice, or any error as to the name of the copyright owner of the date of copyright or the position of the notice, shall not invalidate the copyright or deprive the author or owner thereof of any of his rights under this Act, or, except as otherwise provided in this Act, as amended, prevent recovery for infringement against any person who, after actual notice of the copyright, begins an undertaking to infringe it, but shall prevent the recovery of damages against an innocent infringer who